OSHA Inspection: JERRY ZEPNICK CONSTRUCTION, INC.

Issued

Sep 16, 2025

Abate by

Oct 15, 2025

Penalty

Initial $11,916 · Current $5,958 Reduced

General-duty citation text

29 CFR  1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502.  a) On or about August 25, 2025, at the worksite located at 2141 McCarthy Road, Appleton, Wisconsin; the employer did not ensure that each employee performing work, such as but not limited to installing sheetrock, was protected from falls, exposing employees to fall hazards. The height of the floor trusses where employees were working was greater than 10 feet above a lower level.  Jerry Zepnick Construction, Inc. was previously cited for a serious violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1577447, citation number 1, item number 1, and was affirmed as a final order on May 26, 2022, with respect to a workplace located at 3920 Woodland Road, Howard, WI 54313.  Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.